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VAIBHAVI D. NANAVATI
A. K. Vaghela – Appellant
Versus
State Bank Of India – Respondent
JUDGMENT :
1. Heard learned advocate Ms. Mamta Vyas for the petitioner, learned advocate Ms. Dharmishta Raval for respondent No.2 and learned Assistant Government Pleader Ms. Suman Motla for respondent No.3 – State.
2. The brief facts of the present case are as under :
2.1 The petitioner was appointed as clerk-cum-cashier in the respondent Bank on 22.05.1981 and served with the Bank till the petitioner’s services were dismissed. The petitioner was dismissed from service by order dated 20.09.2009. The charge- sheet memo came to be issued on 30.08.2008 to the petitioner for holding a departmental inquiry into the charge inter-alia that at the time of appointment, the petitioner submitted a false caste certificate. The said charge-sheet was replied by the petitioner by letter dated 22.11.2008. An inquiry officer was appointed to hold departmental inquiry, who after holding the same, as per the report dated 12.03.2009 found the charge proved against the petitioner. (Annexure-C).
2.2 Respondent No.2 sent a copy of the above report to the petitioner by the letter dated 11.04.2009 calling upon the petitioner to submit his reply against inquiry report (Annexure- D). The petitioner submitted hi
The dismissal of an employee for alleged misconduct must be substantiated by clear evidence; failure to prove the charge renders the dismissal arbitrary and unjust.
A person who fraudulently obtains a caste certificate by misrepresenting facts is not entitled to the benefits reserved for the caste or community mentioned in the certificate.
The use of fraudulent documentation for securing employment constitutes grave misconduct, warranting dismissal rather than mere discharge.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
The main legal point established in the judgment is the distinction between false certificate and forged certificate, and the application of relevant sections of the Indian Penal Code (IPC) to define....
The main legal point established in the judgment is the limited scope of judicial review under Article 226 of the Constitution of India in disciplinary proceedings, as well as the principles governin....
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
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